State of Illinois
91st General Assembly
Legislation

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[ Senate Amendment 001 ]

91_HB2644ham001

 










                                           LRB9100612ACtmam02

 1                    AMENDMENT TO HOUSE BILL 2644

 2        AMENDMENT NO.     .  Amend House Bill 2644,  on  page  5,
 3    immediately below line 31, by inserting the following:

 4        "Section   17.   The  Environmental  Health  Practitioner
 5    Licensing Act is amended by changing Section 28 as follows:

 6        (225 ILCS 37/28)
 7        Sec. 28.  Fees. The Department shall provide by rule  for
 8    a  schedule of fees for the administration and enforcement of
 9    this Act, including but not limited  to  original  licensure,
10    renewal,  and  restoration.  The fees shall be nonrefundable.
11    The fees imposed under  this  Act  are  as  follows  and  are
12    nonrefundable:
13        (1)  The  fee for application for an environmental health
14    practitioner license is $100.
15        (2)  Applicants for examination shall pay, either to  the
16    Department  or  to  the  designated  testing  service,  a fee
17    covering the cost of providing the examination.
18        (3)  The fee for renewal of a license is $110 per year.
19        (4)  The fee for reinstatement  of  a  license  that  has
20    expired  for  less  than  5 years is $20, plus payment of all
21    unpaid fees for every year that has lapsed.
22        (5)  The fee for the restoration of a license, other than
 
                            -2-            LRB9100612ACtmam02
 1    from inactive status, is  $10  plus  payment  of  all  lapsed
 2    renewal fees.
 3        (6)  The  fee  for  the restoration of a license that has
 4    expired for more than 5 years is $300.
 5        (7)  The fee for  issuance  of  a  duplicate  license,  a
 6    replacement  license  that  has  been lost or destroyed, or a
 7    license with a change of name or address, other  than  during
 8    the  renewal period, is $20.  No fee is required for name and
 9    address changes  on  Department  records  when  no  duplicate
10    license is issued.
11        (8)  The  fee  for  certification  of  a  license for any
12    purpose is $20.
13        (9)  The fee for a wall certificate showing the  granting
14    of  a  license  shall  be  the  actual  cost of producing the
15    certificate.
16        (10)  The  fee  for  a  roster  of  persons  licensed  as
17    environmental health practitioners in this State shall be the
18    actual cost of production of the roster.
19        (11)  The fee for a sponsor of continuing education shall
20    be set by rule.
21    (Source: P.A. 89-61, eff. 6-30-95.)"; and

22    on  page  5,  line  33,  by  replacing  "Section  15-5"  with
23    "Sections 15-5 and 15-65"; and

24    on page  8,  immediately  below  line  5,  by  inserting  the
25    following:

26        "(225 ILCS 41/15-65)
27        Sec.  15-65.  Fees.  The Department shall provide by rule
28    for a schedule of fees for the administration and enforcement
29    of this Act, including but not limited to original licensure,
30    renewal, and restoration. The fees shall be nonrefundable.
31        All fees collected under this Act shall be deposited into
32    the  General  Professions  Dedicated  Fund   and   shall   be
 
                            -3-            LRB9100612ACtmam02
 1    appropriated   to   the   Department  for  the  ordinary  and
 2    contingent expenses of the Department in  the  administration
 3    of  this  Act.  The  following  fees  shall  be  paid  to the
 4    Department  for  the  licensing  and  registration  functions
 5    performed by the Department under this Code:
 6        (A)  License of funeral director and embalmer trainee.
 7             (1)  The fee to  be  paid  by  an  applicant  for  a
 8        license  as  a  funeral  director and embalmer trainee is
 9        $50.
10             (2)  The fee to  be  paid  upon  the  renewal  of  a
11        license  as  a  funeral  director and embalmer trainee is
12        $100.
13        (B)  License of funeral director and embalmer or  funeral
14    director.
15             (1)  The  fee  to  be  paid  by  an  applicant for a
16        license as a funeral director and embalmer is $100.   The
17        Department  may  provide  for examination fees to be paid
18        directly to a designated testing service.
19             (2)  The fee to  be  paid  by  an  applicant  for  a
20        license as a funeral director and embalmer licensed under
21        the  laws  of  another  State  or territory of the United
22        States or of a foreign country or province is $200.
23             (3)  The fee to  be  paid  upon  the  renewal  of  a
24        license  as  a funeral director and embalmer is $100; and
25        $50 for a funeral director.
26             (4)  The fee to be paid for the reinstatement  of  a
27        license  as  a  funeral  director and embalmer or funeral
28        director that has been expired for not more than 5  years
29        is $10 plus all lapsed renewal fees.
30             (5)  The  fee  to  be  paid for the restoration of a
31        license as a funeral director and embalmer that has  been
32        expired  for  more  than  5 years is $260; and $130 for a
33        funeral director.
34             (6)  The fee to place a license on  inactive  status
 
                            -4-            LRB9100612ACtmam02
 1        is $20.
 2        (C)  General fees.
 3             (1)  The  fee  to  be  paid  for  the  issuance of a
 4        duplicate license, for  the  issuance  of  a  replacement
 5        license for a license which has been lost or destroyed or
 6        for  the  issuance  of a license with a change of name or
 7        address other than during the renewal period is $10.
 8             (2)  The fee to be paid for  a  certification  of  a
 9        licensee's record for any purpose is $10.
10             (3)  The  fee  to  be paid to have the scoring of an
11        examination administered by the Department  reviewed  and
12        verified is $10.
13             (4)  The  fee  to  be  paid by a licensee for a wall
14        certificate showing the license shall be the actual  cost
15        of producing the certificate.
16             (5)  The  fee  to  be  paid  for a roster of persons
17        licensed as  funeral  directors,  funeral  directors  and
18        embalmers,  or  funeral director and embalmer trainees in
19        this State shall be the  actual  cost  of  producing  the
20        roster.
21             (6)  The  fee  to  be  paid  to the Department for a
22        printed  copy  of  this  Code  and  of  the   rules   and
23        regulations  promulgated  for  the administration of this
24        Code is $1.
25    (Source: P.A. 87-966.)

26        Section 22.  The  Home  Medical  Equipment  and  Services
27    Provider  License  Act is amended by changing Sections 90 and
28    175 as follows:

29        (225 ILCS 51/90)
30        Sec. 90.  Mandatory inspections.   The  Department  shall
31    inspect  a  licensee  for compliance with the requirements of
32    this Act within 3 years after the date of  initial  licensure
 
                            -5-            LRB9100612ACtmam02
 1    and  at  least  once  every  3  years  thereafter, unless the
 2    licensee can demonstrate proof of  renewal  of  accreditation
 3    with  a  recognized national accrediting body. The Department
 4    shall conduct random inspections upon renewal of  a  license,
 5    for  cause  or  as  necessary  to  assure  the  integrity and
 6    effectiveness of the licensing process.  Upon failure to pass
 7    inspection, a provider's license shall be suspended or denied
 8    as applicable, pending review by the  Board.  The  Department
 9    may  authorize qualified individuals to conduct  inspections.
10    The Department shall set by rule, and pay to an inspector,  a
11    fee  for  each  inspection.  An  entity that fails to pass an
12    inspection is subject to penalties  under  Section  80.  Upon
13    notice  of  failure  to  pass an inspection, a provider shall
14    have 30 days to appeal the inspection results. On  appeal,  a
15    provider shall have the right to an inspection review or to a
16    new  inspection  in accordance with procedures adopted by the
17    Department. A home medical equipment  and  services  provider
18    licensed  within 2 years after the effective date of this Act
19    is exempt from the inspection requirements  of  this  Section
20    during that 2-year period.
21    (Source: P.A. 90-532, eff. 11-14-97.)

22        (225 ILCS 51/175)
23        Sec.  175. Entities currently operating. Entities engaged
24    in the business  of  providing  home  medical  equipment  and
25    services  at  least  3  months prior to the effective date of
26    this Act shall be issued a license valid for  2  years,  upon
27    application  and  payment  of  the  required fee, without the
28    necessity  for  a  determination  of  compliance   with   the
29    requirements  of  subsection  (a)  of Section 40. In order to
30    obtain a license under this Section, an application shall  be
31    submitted  to  the  Department  within  6  months  after  the
32    adoption  of  administrative  rules. During the first year of
33    licensure,  such  providers  shall  be  subject   to   random
 
                            -6-            LRB9100612ACtmam02
 1    inspections  for compliance with applicable standards, unless
 2    such providers have a valid accreditation from  a  recognized
 3    national accrediting body.
 4    (Source: P.A. 90-532, eff. 11-14-97.)"; and

 5    on  page  19,  immediately  below  line  9,  by inserting the
 6    following:

 7        "Section 47.  The Interior Design Profession Title Act is
 8    amended by changing Section 11 as follows:

 9        (225 ILCS 310/11) (from Ch. 111, par. 8211)
10        Sec. 11.  Fees. The Department shall provide by rule  for
11    a  schedule of fees for the administration and enforcement of
12    this Act, including but not limited  to  original  licensure,
13    renewal, and restoration. The fees shall be nonrefundable.
14        All fees collected under this Act shall be deposited into
15    the   General   Professions   Dedicated  Fund  and  shall  be
16    appropriated  to  the  Department  for   the   ordinary   and
17    contingent  expenses  of the Department in the administration
18    of this Act. The following fees are not refundable:
19        (a)  Registration fees.
20             (1)  The fee for application for  a  certificate  of
21        registration  as  an  interior  designer or a residential
22        interior designer is $100.
23             (2)  The fee for a certificate of registration as an
24        interior designer or residential interior designer for  a
25        person  who  is  registered or licensed under the laws of
26        another state, or territory of the United States or of  a
27        foreign country or province is $100.
28             (3)  The  fee  for  the  renewal of a certificate of
29        registration shall be calculated at a  rate  of  $80  per
30        year.
31             (4)  The fee for the restoration of a certificate of
32        registration  other than from inactive status is $20 plus
 
                            -7-            LRB9100612ACtmam02
 1        payment of all lapsed renewal fees.
 2        (b)  General fees.
 3             (1)  The  fee  for  the  issuance  of  a   duplicate
 4        certificate  of  registration,  for  the  issuance  of  a
 5        replacement    certificate   of   registration,   for   a
 6        certificate  of  registration  which  has  been  lost  or
 7        destroyed, or  for  the  issuance  of  a  certificate  of
 8        registration  with a change of name or address other than
 9        during the renewal period is $20.  No fee is required for
10        name and address changes on Department  records  when  no
11        duplicate certificate of registration is issued.
12             (2)  The   fee   for   the   certification   of  the
13        registrant's record for any purpose is $20.
14             (3)  The fee for rescoring  an  examination  is  the
15        cost  to the Department of rescoring the examination plus
16        any fees charged by the  applicable  testing  service  to
17        have the examination rescored.
18             (4)  The   fee   for   a  wall  certificate  showing
19        registration shall be the actual cost of  producing  such
20        certificate.
21             (5)  The  fee  for a roster of persons registered as
22        interior designers or residential interior  designers  in
23        this  State  shall be the actual cost of producing such a
24        roster.
25    (Source: P.A. 87-756; 88-650, eff. 9-16-94.)

26        Section 49.  The Barber, Cosmetology, Esthetics, and Nail
27    Technology Act of 1985 is amended by changing Section 4-23 as
28    follows:

29        (225 ILCS 410/4-23)
30        Sec. 4-23.  Penalties for  failure  to  receive  required
31    continuing education credits.
32        (a)  In  the  first 2-year cycle in which a licensee does
 
                            -8-            LRB9100612ACtmam02
 1    not  obtain  his  or  her  continuing  education  hours,  the
 2    Department shall place him  or  her  on  probation.   If  the
 3    licensee  does  obtain  his or her continuing education hours
 4    prior to his  or  her  next  renewal,  the  Department  shall
 5    restore his or her license to good standing.
 6        (b)  In  the  second  consecutive 2-year cycle in which a
 7    licensee does not obtain  his  or  her  continuing  education
 8    hours,  he  or  she  shall be placed or continued continue on
 9    probation, be fined, and be issued notice by  the  Department
10    that  license  revocation  will  occur  if he or she does not
11    receive the continuing education hours required prior to  his
12    or  her next renewal.  If the licensee does obtain his or her
13    continuing education hours prior to his or her next  renewal,
14    he  or  she  shall remain on probation but shall not be fined
15    pursuant to subsection (a).
16        (c)  In the third consecutive 2-year  cycle  in  which  a
17    licensee  does  not  obtain  his  or her continuing education
18    hours, his or her license shall be revoked.   The  Department
19    shall   promulgate   rules   and  regulations  governing  the
20    reissuance of a license that has been revoked.   These  rules
21    and  regulations  shall  take  into account that the licensee
22    already has been licensed and received the training necessary
23    for such a license.
24    (Source: P.A. 89-706, eff. 1-31-97.)"; and

25    on page 22, immediately  below  line  33,  by  inserting  the
26    following:

27        "Section 57.  The Detection of Deception Examiners Act is
28    amended by changing Section 26 as follows:

29        (225 ILCS 430/26) (from Ch. 111, par. 2427)
30        Sec. 26. Fees. The Department shall provide by rule for a
31    schedule  of  fees  for the administration and enforcement of
32    this Act, including but not limited  to  original  licensure,
 
                            -9-            LRB9100612ACtmam02
 1    renewal, and restoration. The fees shall be nonrefundable.
 2        All fees collected under this Act shall be deposited into
 3    the   General   Professions   Dedicated  Fund  and  shall  be
 4    appropriated  to  the  Department  for   the   ordinary   and
 5    contingent  expenses  of the Department in the administration
 6    of this  Act.  The  following  fees  shall  be  paid  to  the
 7    Department  for  the  licensing  and  registration  functions
 8    performed  by  the  Department  under  this  Act and shall be
 9    nonrefundable:
10        (A)  License as detection of deception examiner.
11        (1)  The fee for application  and  for  a  license  as  a
12    detection of deception examiner is $25.
13        (2)  In addition, applicants for any examination shall be
14    required   to  pay,  either  to  the  Department  or  to  the
15    designated testing  service,  a  fee  covering  the  cost  of
16    determining  the  applicant's  eligibility  and providing the
17    examination.
18        (3)  The fee upon the renewal of a license as a detection
19    of deception examiner shall be calculated at the rate of  $90
20    per year.
21        (4)  The  fee  for  the  reinstatement  of a license as a
22    detection of deception examiner which  has  expired  for  not
23    more than 5 years is $10 plus all lapsed renewal fees.
24        (5)  The  fee  for  the  restoration  of  a  license as a
25    detection of deception examiner which has  expired  for  more
26    than 5 years is $10 plus all lapsed renewal fees.
27        (B)  General Fees.
28        (1)  The fee for the issuance of a duplicate license, for
29    the issuance of a replacement license for a license which has
30    been  lost  or destroyed or for the issuance of a certificate
31    with a change of  name  or  address  other  than  during  the
32    renewal period is $10.
33        (2)  The  fee  for a certification of a licensee's record
34    for any purpose is $10.
 
                            -10-           LRB9100612ACtmam02
 1        (3)  The fee  to  have  the  scoring  of  an  examination
 2    administered  by  the Department reviewed and verified is $10
 3    plus any fees charged by the applicable testing service.
 4        (4)  The fee for a licensee for a wall certificate  shall
 5    be the actual cost of producing such certificate.
 6        (5)  The   fee  for  a  roster  of  persons  licensed  as
 7    detection of deception  examiners  and  registered  to  study
 8    detection of deception in this State shall be the actual cost
 9    of producing such a roster.
10        This  Section  in  regard  to fees shall not apply to any
11    examiner in the exclusive employment of the United States  of
12    America,  the State of Illinois, any County, municipality, or
13    political subdivision in this State, any  Department,  Bureau
14    or Agency of any of the foregoing, or any examiner thereof in
15    the pursuit of his official duties.
16    (Source: P.A. 84-1235.)".

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